e-Journal BSK Hukum
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Peran Mahkamah Konstitusi Federal Jerman dalam Perlindungan Hak Fundamental Warga Negara berdasarkan Kewenangan Pengaduan Konstitusional
No full textThe research focuses on the role of the constitutional complaint authority of the German Constitutional Court (Bundesverfassungsgericht/ BVerfG). The research question is how do BVerfG's system and role protect citizens' fundamental rights? The research aims to know the system (urgency, regulations) and the role/ performance of BVerfG in carrying out its authority. This research is normative legal research with regulation and case approach. The results show that BVerfG has received 240,251 (98%) cases from 1951 - 2020 (6,000 cases per year), with a successful application rate of approximately 2% of the total decisions. This paper discusses three cases regarding the decision-related global supervision, the prohibition of wearing the hijab in a legal traineeship, and the case of the European Central Bank/ECB's asset purchase program. BVerfG shows that there is the best role in protecting the fundamental rights of citizens from court decisions that violate fundamental rights. The best practices of the BVerfG are recognition and reference in arranging the Constitutional Court in other countries from the Continental European and Anglo-Saxon legal systems. For Indonesia, it becomes a reference in adding the constitutional complaint authority to the Indonesian Constitutional Court in the future.Penelitian ini mengkaji tentang peran pengaduan konstitusional Mahkamah Konstitusi Jerman (Bundesverfassungsgericht/ BVerfG). Pertanyaan penelitiannya adalah bagaimana sistem dan peran BVerfG dalam memberikan perlindungan hak fundamental warga negara? Tujuan penelitian ini adalah mengetahui sistem (urgensi, pengaturan) dan peran/ kinerja BverfG dalam menjalankan kewenangannya secara komprehensif. Penelitian ini merupakan penelitian hukum normatif dengan pendekatan peraturan perundang- undangan dan pendekatan kasus. Hasil penelitian menunjukkan bahwa BVerfG telah menerima 240.251 (98%) kasus pengaduan konstitusional sejak tahun 1951 - 2020 (6.000 kasus per tahun), dengan tingkat keberhasilan (putusan dikabulkan) sekitar kurang lebih 2% dari total putusan. Berdasarkan tiga kasus yang dianalisis yaitu putusan terkait pengawasan global, larangan pemakaian jilbab dalam legal traineeship, dan kasus the European Central Bank/ ECB's asset purchase program menunjukkan bahwa pada tahun 2020, BVerfG melaksanakan peran yang baik dalam perlindungan hak fundamental warga negara dari putusan pegadilan yang melangar hak fundamental. Selain itu, peran yang baik juga dibuktikan dengan pengakuan negara lain yang menjadikannya sebagai rujukan dalam menata praktek Mahkamah Konstitusi di negaranya, baik yang menganut sistem hukum Eropa Kontinental maupun Anglo-Saxon. Bagi Indonesia, tentu menjadi referensi dalam penambahan kewenangan pengaduan konstitusional bagi Mahkamah Konstitusi Republik Indonesia ke depan
Revisiting Legal and Ethical Challenges in Fulfilling Human Right to Clean Air in Indonesia
No full textPro-investment and development government policies to achieve people's welfare can potentially violate human right to clean air through business activities that contribute to air pollution. In Jakarta, this condition led to a public lawsuit against the central and regional governments, who were considered liable for the air pollution and harm suffered by the community. This study reviews the concept of the right to clean air as a human right and analyzes the legal and ethical challenges in fulfilling human right to clean air in Indonesia. The discussion includes the relationship between business and human rights, the concept of clean air as a human right and a review of the legal framework to enforce liability and accommodate legal remedies and the private initiatives to drive and implement more responsible choices to reduce air pollution. The method used in this study was a literature study with data analyzed qualitatively. The paper concludes that people's right to clean air is a fundamental human right. The fulfillment of human right to clean air can be driven by state's power to impose regulation and the implementation of ethical and responsible business activities by corporations. The government needs to strengthen regulations related to air pollution control and business legal compliance, notably strengthening applicable air quality standards in accordance with evidence-based, internationally recognized standards to protect public health. Similarly, corporations should act as "moral agents" who apply ethical behaviors in their business activities to minimize air pollution
Human Rights and Persons with Disabilities: Design of Buk-Smart-Logi Learning Media (Technology Smart Books) as an Islamic Education Learning Media Innovation
No full textThe effectiveness of teaching and learning processes, particularly in religious education, heavily relies on the quality of learning media utilized. However, a significant challenge persists related to the absence of inclusive learning systems, thereby hindering the realization of equal access to education as a human right. This observation is drawn from the analysis of inclusive learning media in Indonesian schools. In response, educational institutions must adopt learning media that accommodate individuals with disabilities, enabling all children to study together in integrated settings. To address this gap, the Buk-Smart-Logi (Book Smart Technology) innovation has been introduced, aimed at enhancing student learning outcomes and fostering inclusivity across educational settings in Indonesia. This research employs the Research and Development (R&D) approach using the simplified Borg and Gall model. The study's objectives include assessing the validity of Buk-Smart-Logi media and examining its role in supporting inclusive learning, particularly in Islamic Religious Education. Emphasizing human-friendly design, this media innovation seeks to ensure that education remains accessible to every citizen, including those with disabilities. By enhancing accessibility and inclusivity through innovative learning media, such as Buk-Smart-Logi, the research not only promotes educational equity but also upholds the principles of human rights in education. It underscores the imperative of creating environments where all learners, regardless of ability, can actively participate and benefit from educational opportunities, thereby fostering a more inclusive and supportive educational landscape in Indonesia
Problem Analysis of Working Refugees in Makassar City
No full textThe refugee problem in Makassar City happens to the working refugee. Some of them work as barbers in a barbershop and as construction workers. The refugees who work are often caught in raids conducted by the Makassar immigration detention center (Rudenim) as a part of supervisory duties. By working, refugees are found guilty of violatin g the Regulation of the Director General of Immigration Number IMI-0352.GR.02.07 of 2016. This paper contains an analysis of the questions that arise regarding the problems of working refugees. For example, what are the rules that refugees must obey? What are the forms of supervision for refugees in Indonesia? What are the main problems experienced by refugees that caused them to violate the prohibition to work? The purpose of writing this paper is to find out the regulation that must be obeyed by refugees and the form of supervision for them who temporarily stay in Indonesia. In addition, this paper also aims to analyze the forms of violations committed by the refugees. This study used qualitative approach to analyze primary and secondary legal materials. The results of the study show that one of the rules that must be obeyed by refugees who temporarily stay in Indonesia is the prohibition of doing any activities to earn wages. The form of supervision is carried out by re-examining the identity and documents of refugees and asking for information as outlined in the examination official report. As a suggestion regarding the management of refugees, the Makassar Rudenim can do refugee monitoring more intensively and provide reporting space for citizens who have information related to violations committed by the refugees
Resilience Capabilities of Female Inmates who are Covid-19 Survivors in the Pekanbaru Women's Correctional Institution
No full textResilience is an individual's ability to adapt positively, be able to survive and remain stable and healthy when facing unpleasant and risky conditions, such as Covid-19 pandemic. This study is to describe the resilience ability of female inmates who are Covid-19 survivors at the Pekanbaru Women's Correctional Institution. In addition, this study aims to determine the sources of resilience in female prisoners who survived Covid-19 at the Pekanbaru Women's Correctional Institution to improve the resilience capabilities of prisoners. The research methods used are qualitative approach and descriptive design. Based on the results of the study, it is known that the sources of prisoners' resilience abilities in dealing with Covid-19 originating from self perception is positive thinking, acceptance, self-motivation, others' supports, being diligent in worship and visitation, while those from self efficacy are self-control, looking for solutions, willing to repent, adapting, being independent, being grateful, appreciating time, interpreting life, doing good, and being devoted, while what comes from I Have are the support and the rules. The results of the study also found that there were female prisoners who survived Covid-19 who were Non-Resilient are paranoia, stress, low self-esteem and denials, self-isolation, indifference, fear and pressure, breaking the rules and lack of attention. Therefore, intense efforts need to be made so that non-resilient prisoners have the ability to be resilient in dealing with Covid-19
Implementation of Regulatory Policy in Government Agency
No full text Legal reform is a necessity. Regulatory arrangement is one aspect of the legal reform program within the framework of national legal development. Regulation is the solution and foundation of law enforcement and government policies, thereby creating legal certainty and order and providing benefits to the community. However, regulation is an obstacle to development due to overlapping regulations, hyper regulations, conflicts of interest and authority. It can be seen that there is a judicial review of existing laws in the Constitutional Court and 1,765 regional regulations have been canceled. The legal reform program is carried out based on the Regulation of the Minister of Administrative and Bureaucratic Reform concerning the Road Map for Bureaucratic Reform 2020-2024. The regulation mandates the need to create a Legal Reform Index to measure the success of Legal Reform. This research was conducted to provide an overview of regulations and the formation of regulations as well as the implementation of regulatory policies for Government Agencies. This research is juridical-empirical and used a qualitative approach. From the results of this study, it was found that there are regulations in Indonesia that require amalgamation, simplification, and revocation. Considering this situation, legal reform is needed. This determination is seen from the Legal Reform Index. Policy Measurement of the legal reform index is useful for ensuring the quality of good laws and regulations following the principles, rules and objectives of the ideal formation and arrangement of laws and regulations.
Law Enforcement of Unregistered Marriage Practices in Indonesia Lawrence Meir Friedman's Legal Effective Perspective
No full textUnregistered marriage is an endless problem with non-optimal law enforcement. Meanwhile, the massive impact of unregistered marriage is dangerous and this practice is not committed by one or two people but involves many parties. This research aims to describe parties involved in unregistered marriages and their respective roles. In addition, it provides information regarding unregistered marriage regulations and sanctions and determines law enforcement for the parties involved. This normative research used case approach and statutory approach. The data collection technique is documentation and the analysis technique is deductive and inductive. The results of this study found several parties involved in unregistered marriages. These parties are: first, main actors such as illegal rulers, husbands, and wives or marriage guardians. Second, parties who participate, such as marriage witnesses, brokers, and jockeys. Unregistered marriages are regulated in chapter 1 paragraph (2), chapter 3 paragraphs (1 and 2) of Law no. 32/1954 concerning the enactment of Law no. 22 of 1946 concerning registration of marriages, divorces, and reconciliation in all regions outside Java and Madura, the sanctions are contained in chapter 4 and chapter 45 paragraph (1) letter (a) PP No. 9/1975 concerning the Implementation of Law no. 1/1974 on marriage. Law enforcement against the perpetrators of unregistered marriages has not been optimal
Juridical Study on Cooperative Legal Entity Bankruptcy Submissions by Its Member
No full textThe Covid-19 pandemic resulted in several cooperatives failing to pay and made many of their members file bankruptcy petitions against their cooperatives, this condition then caused opposition from several parties. Therefore, this paper aims to examine the issue of filing for bankruptcy of a cooperative legal entity by its member with questions: 1) how is the legal construction of Indonesian cooperative bankruptcy, 2) whether the permissibility of filing a bankruptcy petition against cooperatives by its member is in line with the characteristics of Indonesian cooperative legal entities. The method used is normative juridical research. The results show 1) Law no. 37 of 2004 and Law no. 25 of 1992 do not regulate restrictions on legal subjects who can file for bankruptcy against cooperatives. Therefore, the cooperative itself, members of the cooperative, and other creditors have the right to file for bankruptcy against the cooperative. 2) The filing of a petition for bankruptcy of a cooperative by its member (who is a creditor) is not in accordance with the characteristics of Indonesian cooperatives, considering that each of cooperative members is the owners of the cooperative itself and the main basis for the operation of cooperatives is the principles of kinship and democracy. Thus, it is concluded that the filing of a petition for bankruptcy of a cooperative by its member (who has a position as a creditor) is valid but is not in accordance with the characteristics of the legal entity of Indonesian cooperatives. Therefore, the government is advised to review the terms and restrictions on legal subjects who can petition for bankruptcy against cooperatives
The Dilemma of Hospitality: Revisiting Indonesia's Policy on Handling Refugees Under International Law
No full textPresidential Regulation No. 125 of 2016 is the first regulation that provides a normative framework to manage refugees and asylum seekers in Indonesia. However, many scholars believe that this regulation is simply an institutionalization of several existing informal practices, and it does not introduce any substantive changes to ensure refugee protection. This paper analyzes the content of the Presidential Regulation, including its background, structure, wording, and its aims. In addition, this study identifies the limits of the regulation in fulfilling, protecting, and respecting human rights based on the international human rights instruments. This article contends that the Presidential Regulation portrays what I call dilemma of hospitality. It reflects on the one hand, the regulation welcomes the refugees by providing mandates to the authorities to rescue those stranded at sea and to provide accommodation during their stay. On the other hand, the regulation implies a kind of distrust to the refugees"”treating them as a threat, limiting their movement, and forbidding them from work. The dilemma by and large affects the effective fulfillment of the rights of the refugees. This study offers some policy recommendations
Dilema Hak Atas Pekerjaan dalam Kebijakan Pasar Tenaga Kerja Fleksibel
No full textThe right to work demands the role of the State in its fulfillment but the development of a flexible labor market poses a dilemma for the state in fulfilling the right to work. This study was conducted by using a normative type of research that examines the right to work in a flexible labor market using a statutory approach. In Indonesia, the flexible labor market is embodied in the Job Creation Act, which describes the state's dilemmatic position in carrying out its duties for the right to work. Against this dilemmatic position, the state prioritizes job creation over the feasibility of the jobs created. Based on this research, the author outlines the importance of a holistic approach in viewing human rights in the legislation process. So that the availability of work and the feasibility of work are not placed separately. This is because indecent work places the degree of human beings, who are trying to be protected by human rights, in a vulnerable position.Hak atas pekerjaan menuntut peran Negara dalam pemenuhannya, namun kehadiran pasar tenaga kerja fleksibel telah menimbulkan dilema bagi negara dalam pemenuhan hak atas pekerjaan yang menjadi tanggung jawabnya. Penelitian ini merupakan penelitian normatif yang menelaah hak atas pekerjaan di dalam pasar tenaga kerja fleksibel dengan menggunakan pendekatan peraturan perundang-undangan. Di Indonesia, pasar tenaga kerja fleksibel mewujud dalam Undang-Undang Cipta Kerja yang menggambarkan posisi dilematis negara dalam menjalankan tanggungjawabnya terhadap hak atas pekerjaan. Terhadap posisi dilematis ini, negara mendahulukan terciptanya lapangan kerja dibandingkan dengan kelayakan pekerjaan yang diciptakan. Berdasarkan penelitian ini, terkuak pentingnya pendekatan holistik dalam memandang hak asasi manusia. Sehingga antara ketersediaan pekerjaan dan kelayakan pekerjaan tidak diletakkan secara terpisah. Hal ini dikarenakan pekerjaan yang tidak layak, menempatkan derajat manusia yang dilindungi oleh hak asasi manusia dalam posisi yang rentan